The Nexus of Google’s New Phone & The Estate of Phillip K. Dick

Google’s new phone, Nexus One, runs on Google’s Android operating system.  The daughter of author Phillip K Dick claims that the phone’s name infringes on the intellectual property rights of her father’s estate; however, an attorney for the estate has declined to give details on legal action taken by the estate.

Phillip K. Dick wrote the novel “Do Androids Dream of Electric Sheep?.”  The novel is about a bounty hunter who chases androids called Nexus-6 models.

The following, regarding whether Google has infringed the intellectual property rights of Dick’s estate, is taken from Nathan Koppel, Nexus Name Irks Author’s Estate, WSJ, Jan. 5, 2010:

Attorneys who specialize in trademark disputes don’t see a clear-cut case. One key issue is whether consumers are likely to be confused and think Mr. Dick’s estate was associated with Google’s phone. . . . 

Characters like Mickey Mouse and Indiana Jones that have served as bases for products are much more likely to be able to gain trademark protection. . . . 

It also may be more difficult to win a trademark case in regards to a word like nexus, which is used in other contexts apart from the characters.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.